Judge Excludes Testimony On Mold Illness After Daubert Hearing
WASHINGTON, D.C. - After determining that an expert's opinions on whether two tenants suffered illnesses caused by mold in their apartment complex and on causation were not sufficiently grounded in scientifically valid principles, a federal judge on July 22 granted a motion to exclude the expert's testimony in a legal malpractice lawsuit filed by the tenants (Denicole Young and Vanessa Ghee v. William F. Burton and Lewis and Tompkins P.C., No. 07cv0983, D. D.C.; 2008 U.S. Dist. LEXIS 57446). Full story on lexis.com

Judge Excludes Expert Testimony, Finds No Evidence Of Causation
NEW ORLEANS - After finding that the opinions of three experts regarding mold contamination in an apartment that allegedly caused tenants to suffer personal injuries failed to show medical causation, a federal judge on June 27 issued an order excluding their testimonies (Heather Jenkins, et al. v. Slidella L.L.C., et al., No. 05-370, E.D. La.; 2008 U.S. Dist. LEXIS 49204). Full story on lexis.com

Judge's Family Claims Mold In Florida Courthouse Caused His Death
MIAMI - The children of a federal magistrate judge who died after contracting a pulmonary-related infection on July 21 filed a lawsuit in a Florida court against various contractors, alleging that the magistrate's death was caused by toxic mold contamination in his courthouse (Andrew Klein and Jennifer Klein, as co-personal representatives of the estate of the Honorable Theodore Klein v. Certified Roofing, Inc., et al., No. 08-41810 CA 10, Fla. Cir., Miami-Dade Co.). Full story on lexis.com

Court Reverses Ruling For Seller, Finds Evidence Of Negligent Repairs
ATLANTA - A Georgia appeals court on July 14 affirmed rulings in favor of a real estate agent and company but reversed a ruling in favor of the seller of a townhome on a claim that it negligently repaired a property that the buyer alleged contained defects and was contaminated with mold (Asuamah v. Haley, et al.; Asuamah v. Cendant Mobility Financial Corp., No. A08A0209, A08A0210, Ga. App., 4th Div.; 2008 Ga. App. LEXIS 848). Full story on lexis.com

10th Circuit Affirms Ruling For Air Force, Denys Family's Mold Claims
DENVER - An appeals panel on July 15 affirmed a federal court's ruling denying various claims asserted by a family alleging that they sustained personal injuries caused by mold while living in a military housing unit, finding that the actions of the U.S. Air Force fell within the discretionary function exception (Dennis Dionicio Garcia, as personal representative of the estate of Marcelino Garcia, et al. v. United States Air Force, et al., No. 07-2106, 10th Cir.; 2008 U.S. App. LEXIS 14981). Full story on lexis.com

Court Finds Insurer Had No Liability To Sellers Of Allegedly Defective Home
LOS ANGELES - A California appeals panel on July 14 affirmed a trial court's decision that an insurer did not have a duty to defend the sellers of a home that allegedly contained defects and mold, finding that the policy did not exist at the time of sale and that the insureds' claims were excluded under the policy (Edward N. Miller, et al. v. Mercury Casualty Co., No. B197080, Calif. App., 2nd Dist., Div. 7; 2008 Cal. App. Unpub. LEXIS 5633). Full story on lexis.com